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Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense

Loaded on May 1, 2022 by Matthew Clarke published in Criminal Legal News May, 2022, page 24
Filed under: Assault Weapons, Withholding of Exculpatory Evidence. Location: Hawaii.

by Matt Clarke

The Supreme Court of Hawaii held that a trial court erred by excluding evidence of the victim’s blood alcohol concentration (“BAC”) in a first-degree assault case where the defendant claimed self-defense.

During a family gathering involving a day of drinking, Peter David and his cousin, Santhony Albert, ...

 

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